By STACY JONES and BEN HOROWITZ
c. 2012 Religion News Service
Reprinted with permission
(RNS)A New Jersey appeals court has ruled that a man who alleges he
endured anti-Semitic slurs can sue his former supervisors — even though he is not Jewish.
Myron Cowher, a former truck driver for Carson & Roberts Site Construction & Engineering Inc., in Lafayette, N.J., sued the company and three supervisors after he allegedly was the target of anti-Semitic remarks for more than a year.
Cowher, of Dingmans Ferry, Pa., produced DVDs that appear to show supervisors Jay Unangst and Nick Gingerelli making such comments in his presence as “Only a Jew would argue over his hours” and “If you were a German, we would burn you in the oven,” according to a state appeals court ruling handed down April 18.
The appeals court did not consider the merits of Cowher’s case, only whether he has standing to pursue it. The suit, alleging discrimination that created a hostile work environment, had been dismissed by a Superior Court judge who ruled that because Cowher was not a Jew, he could not sue.
However, the appeals court reversed the judge in its 3-0 decision, saying that if Cowher can prove the discrimination “would not have occurred but for the perception that he was Jewish,” his claim is covered by New Jersey’s Law Against Discrimination.
The “proper question” in this case, the court said, is what effect the supervisors’ allegedly derogatory comments would have on “a reasonable Jew,” rather than on a person of Cowher’s actual background, which is German-Irish and Lutheran.
Employment attorneys say the ruling is significant in that it expands the scope of who can bring discrimination suits under the state law by allowing a person who is not actually a member of a protected class to pursue a claim.
The law has typically been used to protect people based on their actual age, race, religion or sexuality. Judges, like the one who initially ruled on the validity of Cowher’s suit, have sometimes dismissed cases when there’s a discrepancy between the alleged remarks and a person’s actual characteristics.
The alleged slurs occurred from January 2007 until May 2008, when Cowher left the company due to an unrelated disability, according to his attorney, Robert Scirocco.
Gingerelli, who still works for the company, and Unangst, who does not, could not be reached for comment. Both men denied that they perceived Cowher to be Jewish, the court said.
Unangst also said that “perhaps” he had commented to Cowher about “Jew money,” that he had called him a “bagel meister” and that he had used the Hebrew folk song “Hava Nagila” as the ring tone for calls on his cell phone from Cowher, the appeals court said.
Cowher testified he had told both men to stop the comments, but they had not, the court said. Cowher’s attorney said Cowher is pleased with the ruling and intends to go forward with the case.
Cowher stayed on the job for more than a year after the alleged comments began because “he needed the work,” Scirocco said. He added that Cowher is now working as a truck driver for another company.
(Stacy Jones and Ben Horowitz write for The Star-Ledger in Newark, N.J.